# Montgomery v. Clarkson

> Supreme Court of Missouri · September 11, 1979 · 585 S.W.2d 483

URL: https://www.frixlaw.com/law-library/cases/9764731

## Case

- **Full name:** Elizabeth Ann MONTGOMERY, Plaintiff-Appellant, v. Bessie CLARKSON, Defendant-Respondent, and Charles I. Stewart Et Al., Defendants
- **Court:** Supreme Court of Missouri
- **Decided:** September 11, 1979
- **Citations:** 585 S.W.2d 483; 1979 Mo. LEXIS 295
- **Precedential status:** Published
- **Opinion:** Concurrence by Welliver
- **Judges:** Donnelly, Bardgett, Rendlen, Seiler, Henley, Finch, Welliver, Morgan, Higgins
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9764731

## Opinion text

*486 WELLIVER, Judge,
concurring.
I concur in the result of the principal opinion. I do not believe that McVey v. Phillips, 259 S.W. 1065 (Mo.1924), conflicts with the principal opinion and I would reserve the right to reform a deed in an appropriate case where there is clear, cogent and convincing evidence that the language of the deed did not represent the intent of the parties at the time of the drafting of the instrument. There is no such evidence in this record.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9764731. Public record. Not legal advice.